Where is a Cinnaholic franchisee allowed to use the Marks?
Cinnaholic Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisee's right to use the Marks is limited to such uses as are authorized under this Agreement, and any unauthorized use thereof shall constitute an infringement of Franchisor's rights.
- (ii) Only use the Marks for the operation of the Bakery and only at the Franchised Site, or in advertising for the business conducted at or from the Franchised Site.
Franchisee may not use any of the Marks in any part of any domain name or electronic address or any similar proprietary or common carrier electronic delivery system.
Franchisee will not seek to register, or assert any claim of ownership or usage rights to, any domain name or electronic address incorporating any of the Marks or any names confusingly similar to the Marks.
Franchisee agrees, at the request of Franchisor, to take all necessary steps to assign to Franchisor all rights in or to such domain names and electronic addresses (and any registrations for the foregoing) that Franchisee may acquire.
(iii) Operate and advertise the Bakery only under the name "CINNAHOLIC®" or such other Marks as Franchisor may designate from time to time, without prefix or suffix, except to describe the location of the Bakery.
(iv) If Franchisee is a corporation, limited liability company, partnership or other type of entity, not use any of the Marks, including, without limitation, the name "CINNAHOLIC®" in its corporate or other legal name without the prior express written consent of Franchisor.
(v) Not permit the use of any trade names, trademarks or service marks at the Bakery or the Franchised Site other than the Marks.
(vi) If state or local laws or ordinances require that Franchisee file an affidavit of doing business under an assumed name or otherwise file a report or other certificate indicating that CINNAHOLIC® or any similar name is being used as a fictitious or assumed name, include in such filing or application therefor an indication that the filing is made as a franchisee of CINNAHOLIC Franchise, LLC, a Georgia limited liability company, Atlanta, Georgia.
(vii) Have the symbol TM, SM or R enclosed in a circle or such other symbols or words as Franchisor may designate to protect the Marks on all surfaces where the Marks appear.
Source: Item 22 — CONTRACTS (FDD pages 61–62)
What This Means (2025 FDD)
According to Cinnaholic's 2025 Franchise Disclosure Document, a franchisee's right to use the brand's trademarks and service marks (the "Marks") is explicitly limited. Cinnaholic franchisees are authorized to use the Marks only for the operation of their bakery and solely at the franchised site. They can also use the Marks in advertising specifically for the business conducted at or from that franchised site. This means that all marketing and branding efforts must be directly tied to the physical location of the Cinnaholic bakery.
This restriction is further reinforced by the prohibition against using the Marks in any domain name or electronic address. Cinnaholic franchisees are also barred from registering or claiming ownership of any domain name or electronic address that incorporates the Marks or anything confusingly similar. If a franchisee does acquire such a domain name, they must transfer all rights to it to Cinnaholic upon request. This ensures that Cinnaholic maintains complete control over its online presence and branding.
The franchisee must operate and advertise the bakery only under the name "CINNAHOLIC®" or other Marks designated by Cinnaholic, without any unauthorized prefixes or suffixes, except to describe the bakery's location. If the franchisee is a corporation, LLC, partnership, or other entity, they cannot use any of the Marks, including the name "CINNAHOLIC®" in their legal name without Cinnaholic's prior written consent. Furthermore, franchisees cannot allow the use of any other trade names, trademarks, or service marks at the bakery or franchised site other than the Marks. These stipulations are in place to protect the Cinnaholic brand and ensure consistent branding across all franchise locations.
If state or local laws require the franchisee to file an affidavit of doing business under an assumed name, and that name includes "CINNAHOLIC®" or a similar name, the filing must indicate that the franchisee is a franchisee of CINNAHOLIC Franchise, LLC, located in Atlanta, Georgia. Finally, the franchisee must include the symbol TM, SM, or R enclosed in a circle, or other symbols designated by Cinnaholic, on all surfaces where the Marks appear to protect the Marks. These detailed requirements underscore the importance Cinnaholic places on protecting its brand identity and ensuring consistent use of its Marks across all franchise locations.